The term "consortium" has been defined as "[t]he benefits that one person . . . is entitled to receive from another, including companionship, cooperation, affection, aid, [and] financial support." Under Kentucky law, "[e]ither a wife or husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful act of such third person.” Furthermore, "[in] a wrongful death action in which the decedent was a minor child, the surviving parent, or parents, may recover for loss of affection and companionship that would have been derived from such child during its minority…” In Giuliani v. Guiler, the Supreme Court of Kentucky added to this list of consortium claims, recognizing a minor child's claim for loss of parental consortium.
Part I of this Note reviews Kentucky's history of loss of parental consortium claims. Part II examines the Kentucky Supreme Court's decision in Giuliani, and Part III analyzes the Lambert v. Franklin Real Estate Co. court's narrow reading of Giuliani. Part IV discusses the aspects of the Giuliani decision that the Kentucky Court of Appeals failed to consider in Lambert. Part V reflects on these considerations, evaluating persuasive authority and policy considerations which point toward recognizing loss of parental consortium claims outside the wrongful death context. Part VI briefly considers why the law has yet to change, before concluding that the Kentucky Supreme Court should allow a minor child to bring a loss of parental consortium claim even if his or her parent is only severely injured.
Schueler, Collin D., "Loss of Parental Consortium: Why Kentucky Should Re-Recognize the Claim Outside the Wrongful Death Context" (2010). Law Faculty Scholarly Articles. 547.